Naveen Kumar v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR Naveen Kumar Petitioner vs.
1.
The District Collector Thiruppur District The Tahsildar Kangeyam Taluk Thiruppur District The Joint Commissioner HR & CE Thiruppur District The Executive Officer Arulmighu Sree Jayamkondeeshwarar Temple Nathaikaadaiyoor Kangeyam Taluk Thiruppur District N.S. Babu Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to Page Nos.1/6
consider the petitioner's representation dated 19.07.2021 and further direct the 3rd respondent to remove the encroachments of tar road, Thangam Nagar Entrance Main Road Arch, Public Park in S.Nos.6/3, 8/1 in patta No.407 belonging to the 4th respondent temple. For petitioner Mr. Altaf Hussain U.
for Mr. S. Silambuselvan For RR 1 & 2 Mr. T.K. Saravanan Addl. Govt. Pleader For RR 3 & 4 Mr. K. Karthikeyan Government Advocate (HR & CE) For R5 Mr. S. Arun Prasath for Mr. M. Guruprasad
ORDER
[made by M. SUNDAR, J.] This order will now dispose of the captioned 'writ petition' ['WP' for the sake of brevity].
Mr. Altaf Hussain U., learned counsel representing Mr.S.Silambuselvan, learned counsel on record for writ petitioner, is before us.
Page Nos.2/6
Adverting to a representation dated 19.07.2021 from the writ petitioner, learned counsel for writ petitioner submitted that there are alleged encroachments of 'tar road, Thangam Nagar entrance main road arch and public park in S.No.6/3 and 8/1 in Patta No.407 belonging to R4 temple' [hereinafter 'said land' for the sake of convenience and clarity] by R5. To be noted, R5 is a private respondent.
Considering the facts and circumstances of the case in juxtaposition with G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022 {hereinafter 'said GO' for the sake of convenience} which puts in place a removal of encroachment procedure inter alia giving opportunity to alleged encroacher, we are of the view that the captioned WP can be finally disposed of.
In the light of what has been alluded to supra and considering the limited scope of the captioned WP, with the consent of both sides, captioned WP was taken up.
Page Nos.3/6
6.
It was submitted by learned State counsel that said GO has been put in place, wherein and whereby Divisional Monitoring Committee, District Monitoring Committee and State Steering Committee have been constituted inter alia for a single point reporting / monitoring system qua Government lands.
7.
In the light of the narrative thus far, we deem it appropriate to refer the matter to the Divisional Monitoring Committee headed by the Revenue Divisional Officer, Dharapuram qua said GO. 8.
This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land. 9.
The Divisional Monitoring Committee qua said GO shall (if it comes to the conclusion that there is encroachment), report the encroachment to appropriate authorities concerned for further action (for removal of encroachment). To be noted, all the rights and contentions of alleged encroacher are preserved for being raised before the Committee concerned which shall consider the same on their own merits and in accordance with law untrammelled by this Page Nos.4/6
proceedings in this Court. The entire exercise shall be completed within a period of 14 weeks from today i.e., by 30.09.2025. 10.
It is open to the writ petitioner and or anyone concerned with this matter to come to this Court on the same issue even with a similar / same prayer if there is any change of circumstances. 11.
We make it clear that we have not expressed any view or opinion as to whether there is encroachment or not qua said land as it turns on facts and it is for the Divisional Monitoring Committee to take a call on this aspect of the matter. We also make it clear that this exercise will not apply to patta land and it will apply only to public land, if there is any encroachment in public land. 12.
Captioned WP is disposed of with the aforementioned observations and directives in the aforesaid manner. There shall be no order as to costs.
(M.S., J.) (H.C., J.) 24.06.2025 cad Index:
Yes/No N.C.
:
Yes/No Page Nos.5/6
M.SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
cad To 1.
The District Collector Thiruppur District The Tahsildar Kangeyam Taluk Thiruppur District The Joint Commissioner HR & CE Thiruppur District The Executive Officer Arulmighu Sree Jayamkondeeshwarar Temple Nathaikaadaiyoor Kangeyam Taluk Thiruppur District The Revenue Divisional Officer Dharapuram 24.06.2025 Page Nos.6/6